REGALIAN DOCTRINE
fishermen and fishworkers in rivers, lakes, bays, and
Section 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are
owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated.
The exploration, development, and utilization of natural
resources shall be under the full control and supervision
of the State. The State may directly undertake such
activities, or it may enter into co-production, joint venture,
or production-sharing agreements with Filipino citizens,
or corporations or associations at least sixty per
centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-
five years, renewable for not more than twenty-five years,
and under such terms and conditions as may be provided
by law. In cases of water rights for irrigation, water supply
fisheries, or industrial uses other than the development of
water power, beneficial use may be the measure and
limit of the grant.
The State shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization
of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence
lagoons.
The President may enter into agreements with foreign-
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided
by law, based on real contributions to the economic
growth and general welfare of the country. In such
agreements, the State shall promote the development
and use of local scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within
thirty days from its execution.
WHAT IS THE CONCEPT OF JURE REGALIA?
(REGALIAN DOCTRINE)
> Generally, under this concept, private title to land must be traced to
some grant, express or implied, from the Spanish Crown or its
successors, the American Colonial Government, and thereafter, the
Philippine Republic
> In a broad sense, the term refers to royal rights, or those rights to
which the King has by virtue of his prerogatives
> The theory of jure regalia was therefore nothing more than a
natural fruit of conquest
CONNECTED TO THIS IS THE STATES POWER OF DOMINUUM
> Capacity of the state to own or acquire propertyfoundation for obtained and petition was dismissed and the laws validity was
the early Spanish decree embracing the feudal theory of jura regalia upheld
> This concept was first introduced through the Laws of the Indies > Justice Kapunan: Regalian theory doesnt negate the native title
and the Royal Cedulas to lands held in private ownership since time immemorial, adverting
> The Philippines passed to Spain by virtue of discovery and to the landmark case of CARINO V. LOCAL GOVERNMENT, where
conquest. Consequently, all lands became the exclusive patrimony the US SC through Holmes held: xxx the land has been held by
and dominion of the Spanish Crown. individuals under a claim of private ownership, it will be presumed to
> The Law of the Indies was followed by the Ley Hipotecaria or the have been held in the same way from before the Spanish conquest,
Mortgage Law of 1893. This law provided for the systematic and never to have been public land.
registration of titles and deeds as well as possessory claims > Existence of native titie to land, or ownership of land by Filipinos by
> The Maura Law: was partly an amendment and was the last virtue of possession under a claim of ownership since time
Spanish land law promulgated in the Philippines, which required the immemorial and independent of any grant from the Spanish crown as
adjustment or registration of all agricultural lands, otherwise the an exception to the theory of jure regalia
lands shall revert to the State > Justice Puno: Carino case firmly established a concept of private
land title that existed irrespective of any royal grant from the State
> The abovementioned provision provides that except for agricultural and was based on the strong mandate extended to the Islands via
lands for public domain which alone may be alienated, forest or the Philippine Bill of 1902. The IPRA recognizes the existence of
timber, and mineral lands, as well as all other natural resources must ICCs/IPs as a distinct sector in the society. It grants this people the
remain with the State, the exploration, development and utilization of ownership and possession of their ancestral domains and ancestral
which shall be subject to its full lands and defines the extent of these lands and domains
control and supervision albeit allowing it to enter into coproduction, > Justice Vitug: Carino cannot override the collective will of the
joint venture or production-sharing agreements, or into agreements people expressed in the Constitution.
with foreign-owned corporations involving technical or financial > Justice Panganiban: all Filipinos, whether indigenous or not, ar
assistance for large-scale exploration, development, and utilization

THE REGALIAN DOCTRINE DOESN'T NEGATE NATIVE TITLE.

THIS IS IN PURSUANCE TO WHAT HAS BEEN HELD IN CRUZ V.
SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES

> Petitioners challenged the constitutionality of Indigenous Peoples

Rights Act on the ground that it amounts to an unlawful deprivation of
the States ownership over lands of the public domain and all other
natural resources therein, by recognizing the right of ownership of
ICC or IPs to their ancestral domains and ancestral lands on the
basis of native title.
> As the votes were equally divided, the necessary majority wasnt